UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
December 7, 2006
RAYMOND A. COLLINS, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge
DECISION & ORDER
On July 20, 2005, the Court issued a Decision and Order that denied and dismissed Petitioner Raymond Collins' motion for relief brought pursuant to 28 U.S.C. §2255. See July 20, 2005 Decision & Order, dkt.#17. In dismissing the Petition, the Court determined, sua sponte, that Petitioner was not eligible for a Certificate of Appealability (COA) pursuant to 28 U.S.C. § 2253. Id. Thereafter, Petitioner moved for reconsideration of the July 20, 2005 Decision and Order, arguing, inter alia, that the Court erred as a matter of law by its sua sponte denial of a COA. Petitioner's motion for reconsideration was denied. See June 27, 2006 Decision and Order, dkt. # 25. Petitioner now makes a "Renewed Application for a Certificate of Appealability." See dkt. # 26. For the reasons previously discussed in the July 20, 2005 Decision & Order and the June 27, 2006 Decision and Order, the application [dkt. # 26] is DENIED.
IT IS SO ORDERED.
© 1992-2007 VersusLaw Inc.